Chapter 10.52
WESTPORT LIGHT TRAIL SYSTEM
Sections:
10.52.010 Vehicular traffic restricted.
10.52.020 Motor vehicle defined.
10.52.050 Adoption of state regulations.
10.52.060 Revisions to Chapter 352-37 WAC.
10.52.070 Severability clause.
10.52.080 Conflicting ordinances.
10.52.090 Effective date – Emergency.
10.52.010 Vehicular traffic restricted.
It is a gross misdemeanor for any person to operate a motor vehicle on the Westport Light Trail System, a concrete trail along the dune area between the old Westport lighthouse through Westhaven State Park and to the Marine Viewing Tower at the north end of Westhaven Drive. (Ord. 1296b § 1, 2003)
10.52.020 Motor vehicle defined.
A motor vehicle shall have the same definition as that contained in the Model Traffic Ordinance, as that may be revised from time to time and shall also include all motorized scooters, bikes, skateboards, and the like. (Ord. 1296b § 2, 2003)
10.52.030 Exemption.
Exempt from this chapter shall be electrically powered wheelchairs capable of carrying not more than one occupant and traveling not faster than five miles per hour which are being operated by disabled persons. (Ord. 1296b § 3, 2003)
10.52.040 Signage.
The Westport Light Trail shall be posted with appropriate signage. (Ord. 1296b § 4, 2003)
10.52.050 Adoption of state regulations.
Pursuant to RCW 35A.12.140, Chapter 352-37 WAC is hereby adopted by reference. A true and correct copy of Chapter 352-37 WAC is attached to the ordinance codified in this chapter. (Ord. 1296b § 5, 2003)
10.52.060 Revisions to Chapter 352-37 WAC.
All changes to Chapter 352-37 WAC made by the state are hereby automatically incorporated into this chapter effective the same date they become effective under the Washington Administrative Code. The city clerk shall keep a current copy of Chapter 352-37 WAC available for public inspection during normal business hours. (Ord. 1296b § 6, 2003)
10.52.070 Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. (Ord. 1296b § 7, 2003)
10.52.080 Conflicting ordinances.
Ordinance 926 is hereby repealed and all other ordinances in conflict with the ordinance codified in this chapter are repealed. (Ord. 1296b § 8, 2003)
10.52.090 Effective date – Emergency.
The ordinance codified in this chapter having passed by at least a majority plus one of the whole membership of the council, and the council having designated this a public emergency ordinance necessary for the protection of public health, public safety, public property and the public peace, and since it does not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money, it shall be effective upon adoption per RCW 34A.12.130. (Ord. 1296b § 9, 2003)
10.52.100 Penalty.
With the exception of battery operated wheelchairs, as defined in WMC 10.52.030, city vehicles and authorized emergency vehicles, any motorized vehicle on the Lighthouse Trail right-of-way shall receive the following mandatory penalties:
(1) First offense: $350.00 fine and 40 hours of community service on the Westport Light Trail System. The community service must be completed within 60 days of verdict/pleading or the fine will be doubled;
(2) Second offense: $700.00 fine and 100 hours of community service. The community service must be completed within 60 days of verdict/pleading or the fine will be doubled; and
(3) Third offense: $1,000 fine and 200 hours of community service and confiscation of vehicle. The community service must be completed within 90 days of verdict/pleading or the fine will be doubled. (Ord. 1296b § 10, 2003)